Finland / Eastern Finland Court of Appeal / R 16/28, 16/121898 and Finland / District Court of Kymenlaakso, 15/150275, R 15/1907 (20 November 2015)

Country

Finland

Title

Finland / Eastern Finland Court of Appeal / R 16/28, 16/121898 and Finland / District Court of Kymenlaakso, 15/150275, R 15/1907 (20 November 2015)

View full Case

Year

2016

Decision/ruling/judgment date

Thursday, May 26, 2016

Incident(s) concerned/related

Property offence

Related Bias motivation

Race/Ethnicity

Groups affected

Refugees & asylum seekers

Court/Body type

National Court

Court/Body

The Eastern Finland Court of Appeal (Itä-Suomen hovioikeus / Östra Finlands hovrätt)

Key facts of the case

In September 2015, the defendant prepared a petrol bomb and threw it towards an emergency accommodation unit where asylum seekers were staying. The guard and the residents of the unit managed to extinguish the bomb. Another similar bomb was later found at the defendant´s apartment. The District Court of Kymenlaakso convicted the defendant of attempt of criminal mischief on 20 November 2015. The Eastern Finland Court of Appeal concurred with the ruling of the district court and did not change the outcome of the district court´s judgement.

Main reasoning/argumentation

The defendant was convicted of attempted criminal mischief, not for attempted aggravated criminal mischief, because the court considered that the act was conducive to causing general danger to life or health and not a concrete and probable danger to life and health. An aggravated penalty was applied because the court found that the criminal act had a racist motive and it was to some extent premeditated. (see key issues)

Is the case related to the application of the Framework Decision on Racism and Xenophobia, the Racial Equality Directive?

Key issues (concepts, interpretations) clarified by the case

The defendant admitted having prepared and thrown the bomb. However, he contested that there was a racist motive behind the act. He claimed that he only wanted to protest against the current refugee policy of Finland.
The defendant had posted an insulting message on his Facebook-page a few days before the criminal act which was presented as evidence in court. Moreover, a witness had heard the defendant say (right after he had thrown the bomb) that he objects to the immigration policy and wants everybody away from here and wants to kill them. The defendant used an insulting term when referring to asylum seekers. The district court concluded that the defendant´s behaviour and writings indicate that there was at least a partial racist motive behind the crime. The Eastern Finland Court of Appeal accepted the statement of reasons of the district court and did not change the outcome of the district court´s judgement.

Results (sanctions, outcome) and key consequences or implications of the case

The defendant was sentenced to one year (unconditional) imprisonment for attempted criminal mischief.

Key quotation in original language and its unofficial translation into English with reference details

(Kymenlaakson käräjäoikeus:) "[X] on kuitenkin kohdistanut vihansa myös majoitusyksikköön ja siellä oleskeleviin turvapaikanhakijoihin. Rasistista motiivia tukevat [X]n kirjoitukset omalla facebook-sivullaan muutamia päiviä ennen ryhtymistään tekoon."

(The District Court of Kymenlaakso:) "[X] has nevertheless directed his anger also at the accommodation unit and asylum seekers that are staying there. The racist motive is backed up by [X]´s writings on his own Facebook-page a few days before committing the criminal act.”

DISCLAIMERThe information presented here is collected under contract by the FRA's research network FRANET. The information and views contained do not necessarily reflect the views or the official position of the FRA.